beta
(영문) 서울중앙지방법원 2013.04.18 2012고단4860

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for two years and by imprisonment for eight months.

Reasons

Punishment of the crime

[Criminal Justice] On September 6, 2012, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on September 6, 2012 and the judgment on October 19, 2012 became final and conclusive.

Defendant

B On February 9, 2010, on May 3, 2010, sentenced eight months to imprisonment for the crime of forging official documents at the Daejeon District Court, and completed the execution of the sentence on May 3, 2010. On October 13, 2011, the Seoul Central District Court sentenced one year to imprisonment for fraud at the Seoul Central District Court, which is currently under Supreme Court Decision 2013Do333. On October 18, 2012, the judgment of the court of final appeal is in the process of the judgment of the court of final appeal as the Supreme Court Decision 2013Do333. On October 18, 2012, the Suwon District Court was sentenced four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc.

【Criminal Facts】

2012 Highest 4860 (Defendant A)

1. During the process of implementing a housing redevelopment project in Junggu-gu, Daegu-gu, the defrauded D was suffering from difficulties in redevelopment project because he/she did not find the heir of Dong G, which is the owner of three square meters of the F site in Daegu-gu, and the network I, who is the owner of 23 square meters of H road.

Defendant

On November 23, 2006, A sent a telephone to the victim D on November 23, 2006, saying, “A is the husband in the Republic of Korea who is the prosecutor’s origin, and we can easily find documents that are not found by the general public. However, since a person is flick and a certified judicial scrivener must go to a court, it is necessary to pay 60 million won in advance.”

However, even if Defendant A received money from the victim D as security, he did not have an intention or ability to confirm the heir of the land F in Daegu Jung-gu and H and to allow the registration of ownership transfer.

Defendant

A, as above, deceiving the victim D and its affiliated members were transferred from the victim D to the victim D, i.e., e., KRW 30 million for expenses.